How Safe Is the Apartment You Want to Rent? Key Questions to Ask a Landlord Before Signing a Lease
A sense of security and safety for you and your family is key to making a house feel like a home.
Unfortunately, many landlords don’t provide, and in some cases aren’t legally required to share, crime and safety information to a potential tenant.
“Along with costs and amenities, tenants should be prepared to ask a variety of questions about safety measures before signing a lease and moving into a new apartment or home” says Michael Haggard. Haggard is the Managing Partner of The Haggard Law Firm (www.haggardlawfirm.com) which has made a mark successfully representing tenants who are injured or killed by someone committing a crime that could have been prevented if the landlord of the property where the crime occurs had taken proper security measures.
On August 16th, 2018 The Haggard Law Firm will present Winning Case Strategies in Premises Liability, a FREE CLE Credit Seminar. The event will take place from 1 to 5pm at the Doubletree Jacksonville Riverfront. To RSVP for the seminar, email or call Stacy at slaffere@haggardlawfirm.com 305.446.5700
This article about premises liability cases was authored by trial lawyer and Haggard Law partner Douglas McCarron who will be one of the presenters at the CLE Seminar
Common Conditions that Give Rise to a Premises Liability Case
by Douglas Mccarron
In my experience, the most common condition in any premises liability case is the lack of guardianship of the property. In most instances, the property owner and/or manager fails to put in place policies and procedures that ensure that the premises is kept in a reasonably safe condition. For example, in many negligent security cases it becomes obvious that the owner and management fail to do anything that assesses violent crime occurring at the property. Without knowing what type of crime is happening, it is nearly impossible to know what type of security measures are needed. How can the owner make decisions about access control, manned security, and surveillance cameras, if they have failed to gather the crime statistics for the property and the surrounding area? The answer is simple, they do not know and consequently violent crime continues to victimize the property’s guests and invitees. In slip and fall cases, many properties fail to ensure that their employees follow the internal policies and procedures to maintain the property in a safe manner. This leads to dangerous conditions being left on the property for an unacceptable amount of time.
If property owners simply prepare policies and procedures for their employees to follow and have appropriate supervision to ensure that the policies and procedures are being followed, then the most dangerous conditions would cease to exist. Obviously, financial considerations come into play for the property owners. In developing a premises liability case, it is important to discover exactly what property owners are failing to do and why they are failing to do it. Jurors do not appreciate property owners turning a blind eye and pleading ignorance. Jurors also do not accept that the owners do not want to put the necessary resources (money) into the property to make it safe.
Although each negligent security case may bring about different facts or require ingenuity with your strategy, there are certain elements of your case that remain constant. One of those elements is crime statistics. The importance of crime statistics in your case cannot be stated enough. Not only do these statistics help establish notice and foreseeability to the defendants, they are also a treasure trove of information.
With respect to notice and foreseeability, your crime statistics establish what the defendants “knew or should have known” prior to and at the time of subject incident. So what should you request? You begin by requesting the calls for service and all police reports for the subject property. This needs to be done in one request. From there, depending on your jurisdiction, you will order up to a mile radius for the calls for service. Once you receive each respective request, you must synthesize the data. For example, you will detail the violent and non-violent crimes and their frequency on the property. This provides a picture of what type of crime was going on at the property. It provides you with the ability to illustrate to the jury the level of crime occurring and can be used effectively to show that it is an improbability for a defendant to be unaware of the police being called to the property.
We are very proud to share that our Todd Michaels has secured a $1.5 Million dollar settlement in the slip and fall wrongful death case of Qurris Walker (pictured).
In August 2011, Walker, who suffered from Down’s Syndrome, slipped and fell on a wet floor at the Rosen Shingle Creek Hotel in Orlando. At the time of the incident, the floor was being cleaned by Rosen’s Cleaning service, Majic Cleaning Systems. As a result of the fall, Mr. Walker needed surgery to repair his leg and suffered respiratory arrest during recovery from the surgery. Nearly two years after the fall, Walker, who suffered from numerous pre-existing health issues, passed away. Both liability and causation were highly contested.
The defense argued that Majic had put down five cones in the lobby, adequately warning visitors that the floor was wet and that Mr. Walker’s death was a result of his other health issues, and was unrelated to the fall. Our thanks to the inspirational and brave Walker family for their passion to seek justice.
When the market-leading information resource serving the security industry needs insight on how property owners and managers can avoid million dollar negligent security verdicts, it asks The Haggard Law Firm.
Haggard Law Firm Managing Partner Michael Haggard wrote an article for SourceSecurity.com titled: Securing Premises To Avoid Million Dollar Verdicts. In it, Haggard kays out the elements of negligence elaborate on risk-management practices and the importance of security as a responsibility.
Haggard Law has litigated more than 250 negligent security cases that have resulted in more than $300 million in verdicts and settlements for our clients.
Here is the article as it appeared on SourceSecurity.com:
Each Haggard Law Firm has been recognized in the 2018 Best Lawyers in America List. Recognition by Best Lawyers is based entirely on peer review. Its methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Congratulations to (listed with practice area category):
Our Managing Partner, Michael Haggard, was also named the Miami area’s 2018 Lawyer of The Year in the Personal Injury Litigation- Plaintiff category. Only one attorney in each category and the geographical area receive this honor.
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If you know of or are a victim of serious crime or have been injured in through no fault of your own, contact the Haggard Law Firm for a free consultation by clicking here or dialing 3054465700
Haggard Law Firm Managing Partner Michael Haggard discusses the importance of contacting a personal injury attorney if you have been injured by a medical professional.
According to local media outlets in Miami, the Broward Sheriff’s Office responded to a report of a man shot around 4:15 a.m. Wednesday, near the 2800 block of W. Broward Blvd. at Club Pink South. 21-year-old Wendell Soliphar, who recently moved to the United States from the Bahamas, was leaving the club when he was shot and killed. A family member told CBS Miami that he believes Wendell was in the wrong place at the wrong time. The victim leaves behind an 8-year-old daughter.
Initial reports lay out some similarities between this case and a negligent security case litigated by The Haggard Law Firm a decade ago.
The Haggard Law Firm’s Michael Haggard and Todd Michaels have been named winners of Florida Trend’s 2017 Legal Elite Recognition. Both attorneys were given the honor in the Civil Trial category. The list of honorees represents fewer than 1.5% of the active Florida Bar members who practice in Florida.
Now in its 14th year, Florida Legal Elite presents a prestigious roster of attorneys chosen for recognition by their peers. The 1,080 lawyers listed here exemplify a standard of excellence in their profession and by so doing, have garnered the respect and esteem of their colleagues.
Voting for this year’s Legal Elite attorneys began in October 2016 when Florida Trend invited all in-state members of the Florida Bar to participate. Multiple announcements publicized the ballot deadline and voting guidelines.
Each Haggard Law Firm attorney was named to the 2017 Super Lawyer list.
“Andy” Haggard, Michael Haggard, Douglas McCarron, Todd Michaels and Christopher Marlowe were named Super Lawyers in the Personal Injury General: Plaintiff category. Attorney James Blecke was recognized in the Appellate category. While, attorneys Pedro Echarte and Jason Brenner were selected as 2017 Super Lawyers Rising Stars in the Personal Injury General: Plaintiff category.
This distinction is an honor reserved for those lawyers who exhibit excellence in practice. Only 5% of attorneys in Florida receive this recognition and only 2.5% are named Rising Stars. Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
To learn more about each Haggard Law Attorney, visit our bio page here